Neiman v. Springer

—In a proceeding to confirm an arbitration award, the appeal is from a judgment of the Supreme Court, Kings County, dated January 22, 1979, which granted petitioners’ application and denied appellants’ cross motion to vacate the award. Proceeding remitted to Special Term to hear and report, with findings of fact, on the issue of whether there was misconduct on the part of the arbitrators and the appeal is held in abeyance in the interim. The refusal to hear pertinent and material evidence is misconduct justifying vacatur of the arbitration award (see CPLR 7511, subd [b], par 1, cl [i]; Matter…